Just Decided – Latest Supreme Court Cases – Jan 31st, 2014.

ORHENA ADUGU GBILEVE & ANOR VS MRS. NGUNAN ADDINGI & ANOR
 
LEGALPEDIA  CITATION: LER[2014] SC 193/2012
 
AREAS OF LAW: PRE-ELECTION MATTER, JURISDICTION, DOCUMENTARY EVIDENCE
SUMMARY OF FACT
The Plaintiff/1st Respondent won the primaries as the candidate to represent Buruku Constituency of Benue State House of Assembly in the general election. Irrespective of the press release confirming the Plaintiff/1st Respondent’s emergence as the winner, the State Secretariat of the party replaced her name with the 1st Respondent/Appellant’s name as having won the election and a certificate of return was issued to him. Dissatisfied, Plaintiff/1st Respondent filed an originating summons at the Federal High Court, for the determination of five questions and the grant of seven reliefs. The suit was resolved on the basis of the affidavit evidence before the Court and judgment was entered in favour of the Plaintiff/1st Respondent. The Court ordered that the Plaintiff/1st Respondent’s name be returned as the lawful aspirant and that she should be issued with a certificate of return. The Respondents/Appellants’ appeal to the Court of Appeal was dismissed and the judgment of the trial court affirmed, hence they  further appealed to the Supreme Court.
HELD
Appeal dismissed
ISSUES FOR DETERMINATION
Whether the lower court was correct to have affirmed the jurisdiction of the trial court to entertain 1st Respondent’s suit (Grounds 6 & 7)
Having regards to the facts and evidence adduced in this case coupled with the applicable law, did the 1st Respondent prove her case to be entitled to judgment as decided by the trial court and affirmed by the lower court? (Grounds 1, 5 & 8)
Whether the lower court acted correctly in agreeing with the trial court when it failed or refused to order pleadings and / or take oral evidence to resolve the obvious material conflicts in the competing affidavits and counter affidavit of the parties before proceeding to judgment against the appellants. (Grounds 2)
RATIOS
 
DOCUMENTARY EVIDENCE –WHEN ORAL EVIDENCE CAN BE DISPENSED WITH IN RESOLVING CONFLICTS IN EVIDENCE
“Where the conflicting evidence can be resolved from the documentary evidence the need to call oral evidence becomes unnecessary”. PER UMAI BAYANG AKAAHS
 
DOCUMENTARY EVIDENCE-PURPOSE OF
“Documentary evidence is used as a hanger from which to test the veracity of the evidence whether given orally or by deposition”. PER UMAI BAYANG AKAAHS
 
EVALUATION OF EVIDENCE – WHEN AN APPELLATE COURT CANNOT INTEREFERE
“Where a court of trial unquestionably evaluates the evidence and justifiably appraises the facts, what the Court of Appeal ought to do is to find out whether there is evidence on record on which the trial Court could have acted. Once there is sufficient evidence on record from which the trial court arrived at its findings of fact, the appellate court cannot interfere”.   PER UMAI BAYANG AKAAHS
CONCURRENT FINDINGS OF LOWER COURT – ATTITUDE OF THE SUPREME COURT- WHEN TO  DISTURB
“The law is now fully established that the Supreme Court will not normally disturb the concurrent findings of two lower courts except it is shown that it has occasioned a miscarriage of justice or it is perversely arrived at”.  PER CLARA BATA OGUNBIYI
 
ISSUE OF JURISDICTION-WHERE AN ORIGINATING PROCESS DOES NOT CONFER JURISDICTION ON A TRIAL COURT – EFFECT ON PROCEEDINGS
“The issue of the jurisdiction of the trial court to entertain the originating summons ab initio is fundamental to the competence of the appeal before this court. Where the originating process at the trial court is found not to confer jurisdiction on the court, the proceedings are a nullity. The absence of jurisdiction has a ripple effect and taints the appellate courts, which would equally lack jurisdiction to entertain appeals arising from the null proceedings. PER KUDIRAT MOTONMORI OLATOKUNBO KEKERE -EKUN
JURISDICTION OF COURT – LACK OF – WHETHER PARTIES CAN CONFER JURISDICTION BY CONSENT OR ACQUIESCENCE
“It is also trite that where the court lacks jurisdiction, parties cannot confer jurisdiction by consent or acquiescence”. PER KUDIRAT MOTONMORI OLATOKUNBO KEKERE -EKUN
 
 
CASE MENTIONED
Adesola Vs Abidoye (1999) 14 NWLR (Pt.637) 28:
Akpagbue VS Ogu (1976) 6 SC. 63
Amadi VS Nwosu (1992) 5 NWLR (Pt.241) 273;
Bunge VS Gov. River State (2006) 12 NWLR (Pt. 995) 573″
Enang VS Adu (1981) 11 – 12 SC 25;
Ezekwesili VS Agbapuonwu (2003) 9 NWLR (PT. 825)337;
Fashanu VS Adekoya (1974) 6 SC. 84;(1974) 1 ALL NLR (Pt.l) 35;
Jadesimi Vs Okotie-Eboh (1986) 1 NWLR (Pt.16) 264;
Obiuweubi Vs CBN (2011) 7 NWLR (Pt.1247) 465
Onyejekwe V. The State (1992) 3 NWLR (Pt. 230) 444
Posu V. State (2011) All FWLR (Pt. 565) 234
SLB Consortium Ltd. Vs NNPC (2011) 9 NWLR (Pt.1252) 317
Woluchem VS Gudi (1981) 5 SC. 291;
 
STATUTES REFERRED TO
Electoral Act 2010 (as amended)
The Constitution of the Federal Republic of Nigeria 1999 (as amended)
AKUNNE BOSA MBANEFO VS. MOFUNANYA ACBU & ANOR
                 LEGALPEDIA  CITATION: LER[2014] SC 179/2007
AREAS OF LAWLAND LAW-CERTIFICATE OF OCCUPANCY, TRESPASS, APPEAL, LAW OF EVIDENCE-BURDEN OF PROOF
SUMMARY OF FACT:
The Plaintiff/Appellant instituted a claim against the 1st and 2nd Defendants/Respondents that after selling the land in dispute to him, the Defendants/Respondents failed to obtain Governor’s consent under Section 22 of the Land use Act but have resold the land to another person.  The trial Court struck out the name of the 2nd Defendant/Respondent from the suit and entered judgment for the Plaintiff/Appellant. Dissatisfied, the 2nd Defendant/Respondent appealed to Court of Appeal whiles the Plaintiff/Appellant also cross-appealed. The lower Court dismissed the Plaintiff/Appellant’s cross-appeal and dismissed the case of the trial court. Dissatisfied, the Plaintiff/Appellant has appealed to Supreme Court.
HELD:
Appeal dismissed.
ISSUES FOR DETERMINATION:
Were the learned Justices of the Court of Appeal not grossly in error when they held that in the circumstances of this case it was the duty of the purchaser of land to obtain the consent of the Governor
Were the learned Justices of the Court of Appeal not grossly in error when they held that the appellant was put in possession of the land and therefore had taken title to the land
Were the learned Justices of the Court of Appeal not grossly in error when they held that the 1st respondent only acted as a legal practitioner in the sale of land transaction in this case
RATIOS:
CERTIFICATE OF OCCUPANCY-WHEN GOVERNOR’S CONSENT IS REQUIRED
“It is clear that it is only whenever certificate of Occupancy has been granted or is deemed granted and a holder of such certificate is desirous to transfer, assign, mortgage, lease and sublease of the land that is subject of such certificate that the Governor’s consent is required under the said section”. PER CHUKWUMA- ENE J.S.C.
TRESPASS -MEANING OF- WHEN AN ACTION IN TRESPASS WILL LIE
“It is settled law that trespass is an infraction of the right of exclusive possession to land and as the appellant there has been put in exclusive possession of the aforesaid land, an action in trespass is certainly maintainable by him by virtue of his rights against any trespass who in law cannot claim to be in possession by mere entry which is complained of by the appellant”. PER CHUKWUMA-ENE J.S.C.
BURDEN OF PROOF –ON WHO LIES
“It is trite that he who asserts must prove”. PER AKAAHS, JSC
ISSUES-IMPROPRIETY OF PARTIES RAISING NEW ISSUES ON APPEAL
“The law is trite that a party will not be allowed to introduce an issue in this Court which was not raised and pursued in the Courts below thereby setting up an entirely new case in his appeal before his Court”. PER MOHAMMED, JSC
CASES MENTIONED:
Adegoke Motors Ltd. V. Adesanya (1989) 3 N.W.L.R. (Pt. 109) 250 at 266
Owoniboys Technical Services V. Union Bank of Nigeria (2003) 15 NWLR (Pt. 844)545 at 583
Philips v. Ogundipe (1967) 1 ANLR 258
STATUTES REFERRED TO:

The Land Use Act, 1979

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AKEREDOLU & ORS V. MIMIKO & ORS

SUBJECT MATTER

APPEAL, COURT, LAW OF EVIDENCE, ELECTION PETITION

ISSUES FOR DETERMINATION-FORMULATION OF-PURPOSE OF

INCOMPETENT GROUND OF APPEAL-EFFECT OF

ELECTORAL ACT 2010- PURPORT OF SECTION 139

JURISDICTION OF COURT-BASIS FOR DETERMINATION OF

EXPERT EVIDENCE-WHETHER THE COURT IS BOUND TO ACCEPT SAME

“It is basic that for a petition to succeed on non-compliance with the provision of the Electoral Act, the petitioner must prove not only that there was non-compliance with the provisions of the Act, but also that the non-compliance substantially affected the result of the election”. PER J.A. FABIYI JSC

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DR. IMORO KUBOR & ANOR V HON. SERIAKE HENRY DICKSON & ORS

SUBJECT MATTER

ELECTION PETITION/EVIDENCE – SECONDARY EVIDENCE OF A PUBLIC DOCUMENT

MEANING OF AN INJUNCTION

WHAT DETERMINES THE ADMISSIBITY OF EVIDENCE

ADMISSIBILITY OF SECONDARY EVIDENCE OF A PUBLIC DOCUMENT – ADMISSIBILITY OF AN INTERNET PRINT OUT OF A NEWSPAPER

POWER OF THE COURT TO EXPUNGE EVIDENCE ADMITTED WITHOUT OBJECTION

NATURE AND CHARACTER OF AN APPEAL – WHETHER IT CAN BE CHANGED

IMPORTANCE OF PUBLICATION OF CANDIDATES NAME BY INEC

CHANGE OF CANDIDATE WHO’S NAME HAS BEEN SENT TO INEC

INTERIM ORDERS – STATUS OF INTERIM ORDERS

EVIDENCE OF NOMINATION AND SPONSORSHIP OF A CANDIDATE BY A POLITICAL PARTY

Evidence of nomination and sponsorship of a candidate by a political party lies in the declaration of the winner of the party’s primary election conducted to elect the party’s candidate for the general election in question coupled with political party  forwarding the names of the said elected candidate to the 3rd respondent as its nominated candidate for the election”  PER ONNOGHEN, JSC

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PROF .STEVE TORKUMA UGBA & ORS .V. 1.HON.GABRIEL TORWUA SUSWAN & ORS.

SUBJECT MATTER.

ELECTION PETITION

Interpretation of statutes-interpretation of section 285(6) of the CFRN (1999 as amended)-Section 36 of the CFRN (1999 as amended /Preliminary Objection/Jurisdiction of courts/Academic issue.

 

“My Lords, the courts are created and empowered to adjudicate on cases, applying the law as it is but certainly not as it ought to be. That is a function of yet another arm of the government. The law is made by and for man, not man for law. If a law made by the people for the people is creating hardship for the people, let the people sit down and do something about it through its law makers. It is not for the court in performing its function of interpreting that law to alter or amend it. Per Olu Ariwooola, JSC.

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SENATOR JOHN AKPANUDOEDEHE V GODSWILL OBOT AKPABIO

SUBJECT-MATTER

ELECTION PETITION

ELECTION TRIBUNAL

CONSTITUTIONAL LAW

FAIR HEARING

LIMITATION OF TIME

When the Constitution provides a limitation period for the hearing of a matter (in this case 180 days) the right to fair hearing is guaranteed by the courts within 180 days. Once 180 days elapsed the hearing of the matter fades away along with any right to fair hearing. There is no longer a live petition left. There is nothing to be tried even if a retrial order is given. It remains extinguished forever.

Per Bode Rhodes-Vivour J.S.C.

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CHIEF GREAT OVEDJE OGBORU & Anor V. DR EMMANUEL EWETAN UDUAGHAN & 2 Ors

SUBJECT-MATTER

PRACTICE AND PROCEDURE

APPEAL

ELECTION PETITION

JUDGMENT

JURISDICTION

I find support in several decisions of this court that an appellant can file two [multiple] notices of appeal, more so, when our court Rules do not prohibit that.

Per I.T. Muhammad J.S.C.

On the issues for determination, it is the law and practice that where the complaint is not that the issues do not flow from the grounds of appeal or that the issues proliferate, an appellate court accepts them to be valid and will tolerate its ill-drafting in order to ensure that justice is done to the parties.”

Per I.T. Muhammad J.S.C.

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OCHEJA EMMANUEL DANGANA V. HON. ATAI AIDOKO ALI USMAN

SUBJECT MATTER

ELECTION PETITION

PRELIMINARY OBJECTION – NATURE OF

JURISDICTION – COMPETENCY OF COURT

A preliminary objection to the hearing of an election petition appeal may be raised on the ground that this court has no jurisdiction to hear the appeal or that time within which to hear a matter had since run outPER RHODES-VIVOUR JSC

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MALLAM ABUBAKAR ABUBAKAR & 2Ors V. SAIDU USMAN NASAMU & 5 Ors

SUBJECT-MATTER

PRACTICE AND PROCEDURE

APPEAL

ELECTION PETITION

JURISDICTION


So in relation to appeals on election matter, it is clear and I hereby hold that there are two courts constitutionally clothed with final jurisdiction to hear and determine same. These are:-

(1)  The Court of Appeal in relation to National and State Houses of Assembly election petitions, and,

(2)  The Supreme Court of Nigeria in respect of decisions of the Court of Appeal on the question as to whether any person has been validly elected to the Office of Governor or Deputy Governor under the constitution.”

Per Walter Samuel Nkanu Onnoghen J.S.C.

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CHIEF FELIX AMADI & ANOR. V INDEPENDENT NATIONAL ELECTORAL COMMISSION& 2 ORS.

SUBJECT-MATTER

PRACTICE AND PROCEDURE- ELECTION PETITION-SECTION 285(7) OF THE 1999 CONSTITUTION (as amended)

PRACTICE AND PROCEDURE- ELECTION PETITION-JURISDICTION-RIGHT TO FAIR-HEARING

It is very important to note that the provisions of Section 285(7) supra does not deny an appellant the right to fair-hearing, just like every statute of limitation. It merely gives all parties and the court a time frame within which parties are to exercise their right to fair hearing in a relevant appeal. If for whatever reason the appeal is not heard within the allotted time frame it cannot be said that an appellant affected thereby has been denied his right to fair hearing.

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BRIG. GEN. MOHAMMED BUBA MARWA V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

SUBJECT MATTER

ELECTION PETITION

ELECTION PETITION – EXTENT/EFFECT OF AN ANNULLED ELECTION

ELECTION PETITION – MEANING OF ELECTION

ELECTION PETITION – NATURE OF OATH OF ALLEGIANCE VIS-À-VIS THE ELECTION INTO OFFICE

CONSTITUTION – SUPREMACY OF THE CONSTITUTION

INTERPRETATION OF STATUTE – MEANING OF ‘GOLDEN RULE’ OF INTERPRETATION

NOTABLE PRONOUNCEMENT – NATURE OF GOVERNANCE

The order of court in an annulled election has no retrospective effect on the tenure and actions taken by the governor before the nullification order.  Therefore both the pre-nullification tenure and acts flowing from it are recognizable by law as the valid legal effect of the annulled election. The period spent in office as governor by the person concerned must count as part of his tenure.PER ADEKEYE, JSC

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